Will there be a re-introduction of Employment Tribunal fees?

In a move that has sparked debates across legal circles, the UK government has decided to re-open the matter of legal fees for the Employment Tribunal. 

These fees were abolished by the Supreme Court in 2017 which deemed that tribunal fees restricted access to justice for a significant number of people. The move to revisit this policy comes as a part of broader set of reforms to streamline the tribunal system and address what the government perceives as an increase in frivolous claims. 

Under the new policy, which is currently under a period of consultancy, individuals filling claims to the Employment Tribunal would be required to pay a fee at the outset of the process. The government has determined that a fee of £55 would be fair. Proponents of the new policy argue that the new fees will help to filter out weak or unjustified claims, allowing the tribunal to focus on more meritorious cases.

Critics of the new policy have expressed concerns that the existence of court fees at all, risks hindering access to justice, particularly for lower-income individuals who may be deterred from bringing claims due to financial barriers. This may mean that those with the means to pay can access justice whilst those without are left with no recourse.

Other courts have a Help with Fees remission scheme that means-tests claimants under certain criteria to apply for a remission either in part or in full of their legal fees. If this was applied to the Employment Tribunal then it may work to lessen the gap between those who can and can’t afford the fees. 

The consultation will close on 25 March 2024.

Call the specialist employment lawyer  

Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk